NI have announced they will no longer activate discontinued products

[EvilDragon]

I don't think FM7 was protected via Service Center back then, but I'm not sure about that.

Nope, it used a "registration tool", however that tool utilized one of earliest authorization methods (RAS0) that SC also later used (SC covered everything from RAS0 to RAS2), and the issue NI is facing here is the auth method itself, not SC as front end app.

If you bought FM7 back in the day you would have been legally bound by that EULA at time of purchase, not SC EULA.

[glokraw]

It’s very simple. We as customers buy our audio tools to own.

You don't ever own software. You get a license to use it. There's a difference.

edit:
You OWN a license to use it. There's difference

[EvilDragon]

It’s very simple. We as customers buy our audio tools to own.

You don't ever own software. You get a license to use it. There's a difference.

edit:
You OWN a license to use it. There's difference

Yes. And that license can be revoked at developer's discretion on a case by case basis.

[Gamma-UT]

If you bought FM7 back in the day you would have been legally bound by that EULA at time of purchase, not SC EULA.

Nope, it's a combination of whatever EULAs you clicked through to get to the version you want to run. So, it's possible NI could argue that you don't have rights to authorise a later version of the software if the EULA explicitly cancels rights that were granted in an earlier version. You would be limited to whatever version did have those rights were NI to comply and enforce the relevant EULA. Assuming NI was indeed explicit.

However, I just checked the licence for Vokator 1.2, the universal binary version shipped in 2007. That contains the "we'll see you right" clause. So, it doesn't matter what an earlier version says because a court will generally go with the most advantageous option to the assignee not the assigner.

Clause I.2: Should Native Instruments for whatever reasons no longer be able to fulfil its obligations to deliver the activation key, it will provide the Licensee with a key which ensures the continued use of the software independent of changes of the computer.

[Gamma-UT]

Yes. And that license can be revoked at developer's discretion on a case by case basis.

You cannot unilaterally break a contract except under conditions set out in the contract (eg piracy/unauthorised distribution of copies).

I appreciate you really want to go in to bat for NI but you're not really helping them.

[Sascha Franck]

Yes. And that license can be revoked at developer's discretion on a case by case basis.

Well, let's better hope that this won't be the card NI is going to play (and I really mean it), because that will surely break their neck.

[AnX]

I'm pretty sure NI will come up with a solution. They would have to be totally stupid not to, as it would be commercial suicide if they broke the law and f**ked over so many customers in such a public way

[EvilDragon]

Yeah I suppose it depends which means you used to authorize, that EULA applies. So, if it's the earliest methods with registration tool, EULA I quoted applies. If it was later and you authorized with SC, SC EULA would apply, etc.

[omac]

There's been a lot of back and forth over here about what is legal. I'm probably showing my age when I say I remember that discussions of this type used to be about what was ethical. This discussion all condenses to "will I be able to use my old software that I purchased in the future after I reformat my computer or buy a new one? If the answer to that is no then I feel that NI has broken faith with me. That is the core of this discussion. I feel that as long as I'm running my admittedly old OS that runs my NI software then I should be able to use my software regardless of its age.

I didn't join in this discussion before because I'm becoming increasingly pessimistic. I think it's about time that I consider new purchases to be non-hardware locked serial numbers only for licensing. Sure. I'll miss out on some shiny things, but in the long run I think things will be a lot less stressful.

[glokraw]

Sorry everyone if I can't respond to every individual messages on here.
I have another meeting about this tomorrow morning and I'll make sure to share new findings on here.

Welcome to Peter's world

While at the meeting, please suggest that Native Access
be fixed, such that it will never automatically 'auto update',
when launched, or when first installed, if the installer
used is not the very very latest one.

Updating it should always be a user choice. As it is now,
I think one must edit/create an ENV variable to prevent
the auto-update 'feature'.

Thanks for your participation here, and in the future

PS: When I squint real hard, I think I can see
a dancing elephant in the corner,
wearing a t-shirt labeled
"U-he Rocks!"

[glokraw]

Maybe the U-he boss will give Urs
an extra week of vacation,
for having such a great
registation system

[noiseboyuk]

There's been a lot of back and forth over here about what is legal. I'm probably showing my age when I say I remember that discussions of this type used to be about what was ethical. This discussion all condenses to "will I be able to use my old software that I purchased in the future after I reformat my computer or buy a new one? If the answer to that is no then I feel that NI has broken faith with me. That is the core of this discussion. I feel that as long as I'm running my admittedly old OS that runs my NI software then I should be able to use my software regardless of its age.

Conversely, this is precisely why I'm optimistic. I think NI have taken the ethical point to heart more than the legal one. Maybe it is not pure altruism but rather just thinking of keeping customers pacified, but either way the message I get from Matt is that "yes, we see your point and its a perfectly fair one".

[glokraw]

It’s very simple. We as customers buy our audio tools to own.

You don't ever own software. You get a license to use it. There's a difference.

edit:
You OWN a license to use it. There's difference

Yes. And that license can be revoked at developer's discretion on a case by case basis.

Did that comment land on the seat,
or did you have to scoop it out of the toilet bowl?

[Kevin63101]

Sucks. Empty promises for my cash. Dont expect support forever, but do expect be able to reauthorize on a compatible machine.

Nothing I haven't experienced elsewhere.  NI please fix this and do the right thing.

NI repeat customer since 2005. 

[Hink]

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